Arbitration Lawyer in Odisha
Commercial disputes arising from a contract with an arbitration clause are resolved under the Arbitration and Conciliation Act, 1996, rather than through an ordinary civil suit. Advocate Debarchana Samal drafts arbitration clauses, seeks interim relief, and represents parties in arbitral proceedings and award challenges across Odisha.
Arbitration and Conciliation Act, 1996
Commercial Arbitration Services
From drafting the arbitration clause to enforcing the final award, Advocate Debarchana Samal represents parties at every stage of arbitration in Odisha.
Arbitration Clause Drafting
Drafting and vetting arbitration clauses in commercial contracts, agreements, and MOUs to ensure disputes are resolved efficiently.
Section 9 Interim Relief
Seeking interim measures of protection from the court under Section 9 before, during, or after arbitral proceedings — including injunctions and asset preservation.
Section 11 Arbitrator Appointment
Approaching the Odisha High Court under Section 11 for appointment of an arbitrator when the arbitration agreement does not provide one or parties cannot agree.
Arbitral Proceedings
Representing clients before the arbitral tribunal — filing statements of claim and defence, examining evidence, and presenting arguments.
Section 34 Award Challenge
Filing an application under Section 34 to set aside an arbitral award on the limited grounds recognised under the Act.
Section 36 Award Enforcement
Enforcing an arbitral award as a decree of the civil court under Section 36 once it has attained finality.
Frequently Asked Questions
What disputes can be resolved through arbitration in Odisha?
Commercial disputes arising from contracts that contain a valid arbitration clause — such as construction, supply, partnership, and service agreements — can be referred to arbitration under the Arbitration and Conciliation Act, 1996. The parties' written agreement to arbitrate is the foundation for invoking this remedy instead of filing a civil suit.
How is an arbitrator appointed if the contract does not name one?
If the arbitration agreement does not specify a procedure, or the parties fail to agree on an arbitrator, either party can approach the Odisha High Court under Section 11 of the Act for appointment of an arbitrator. The court examines the existence of a valid arbitration agreement before making the appointment.
Can I get interim relief before the arbitral tribunal is constituted?
Yes. Section 9 of the Arbitration and Conciliation Act allows a party to approach the court for interim measures — such as securing the subject matter of the dispute or preventing a party from alienating assets — even before the arbitral tribunal is formed, and during the arbitration or after the award but before enforcement.
On what grounds can an arbitral award be challenged?
An arbitral award can be challenged under Section 34 on limited grounds such as incapacity of a party, invalidity of the arbitration agreement, lack of proper notice, the award dealing with matters beyond the scope of the reference, or the award being in conflict with the public policy of India. Courts generally do not re-examine the merits of the dispute while deciding such applications.
Is an arbitral award as enforceable as a court judgment?
Yes. Once an arbitral award becomes final — either because the time to challenge it has lapsed or a Section 34 challenge has been dismissed — it is enforceable under Section 36 in the same manner as a decree of the civil court, allowing the successful party to execute it against the other party's assets.
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Serving clients across Cuttack, Bhubaneswar, and all districts of Odisha.